Emerging Issues in Tribal-State Relations guides the reader through proven best practices for attorneys who represent Native American groups and the organizations, government agencies, and private entities that come into contact with these tribes. In this book, some of the nation's leading practitioners address such important issues as:
- Tribal sovereign immunity and its application with respect to tribal officials, as observed in Maxwell v. County of San Diego, 708 F.3d 1075 (9th Cir. 2013); the authors propose that Maxwell actually undermines the stated purpose of tribal sovereign immunity and provide practitioners with suggestions on how to proceed in light of this unique decision
- The often confusing nature of tribal water rights and the various state and federal actions and processes that make resolution of water rights debates even more challenging
- The variety of differences between tribal and state court, including the extent of the judge's and lawyer's legal training (or possible lack thereof); the composition of juries; the currentness of tribal code and rules of procedure, and the general unpredictability of the courts' dockets and processes, as well as best practices for navigating them
- Explaining the opportunities and obstacles to Native American tribes interested in participating in energy industry developments
- Understanding how tribal communities can develop energy projects and the projects' impact on job creation, revenue generation, access to energy, and adapting to climate change impacts
This edition has been updated to reflect the latest thinking in tribal-state interaction and shines a light on future trends that every practitioner must remain cognizant of.
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